Vanderbilt Law School Faculty Works: Recent submissions
Now showing items 121-140 of 1354
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(North Carolina Law Review, 1997)For contemporary biologists, behavior - like physical form - evolves. Although evolutionary processes do not dictate behavior in any inflexible sense, they nonetheless contribute significantly to the prevalence of various ...
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(Journal of Quantitative Analysis in Sports, 2013-02-22)In their respective memoirs, mountaineers David Roberts and Ed Viesturs express a fundamental disagreement over the risks associated with climbing high-altitude (8000m) peaks. (Viesturs and Roberts, 2006, Roberts, 2005). ...
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(Oklahoma Law Review, 2021)For some U.S. workers, the COVID-19 pandemic has meant becoming less visible, as many workplaces have shifted away from in-person obligations, allowing these workers to hide behind the virtual platforms of Zoom, Slack, and ...
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(ACTEC Law Journal, 2021)This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee ...
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(Florida State University Law Review, 2021)Labor arbitration is often viewed as a more peaceful, productive, and private alternative to workplace strikes and violence. On the other hand, statutory laws are intended to protect all workers, and contract law default ...
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(Harvard Law Review Forum, 2021)For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. After the death of Justice Ruth Bader Ginsburg in September, some prominent Democratic politicians and ...
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(University of Louisville Law Review, 2021)In the wake of the COVID-19 pandemic, Congress (as well as several states') passed emergency paid sick leave legislation? The federal legislation, known as the Families First Coronavirus Response Act (FFCRA), guaranteed ...
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(Cornell Law Review, 2021)Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced ...
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(ACTEC Law Journal, 2021)This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee ...
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(Journal of Legal Education, 2020)Almost as soon as the ink was dry on the first U.S. News & World Report (U.S. News) ranking of law schools in 1987, scholars began developing rankings to replace or complement the U.S. News rankings. Over the past several ...
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(Washington University Law Review, 2021)This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals obscures the important-and controversial- policy ...
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(Hastings Law Journal, 2021)Theranos, Inc., the unicorn startup blood-testing corporation, was ultimately laid low by a former employee whistleblower. The experience of that whistleblower during and after her employment illuminates detrimental secrecy ...
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(Boston University Law Review, 2021)A growing number of states have authorized firms to produce and sell cannabis within their borders, but not across state lines. Moreover, many of these legalization states have barred nonresidents from owning local cannabis ...
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(Georgia State University Law Review, 2021)Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking ...
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(Judicature, 2021)Judicial temperament is something we think all judges must have: We assess it at all critical junctures of a judge’s career. At the same time, judicial temperament is something no one can quite put a finger on. Most often, ...
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(North Carolina Law Review, 2021)This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the ...
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(Cornell Law Review, 2021)Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue ...
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(Washington University Journal of Law & Policy, 2021)Privacy and free speech are often described as oppositional forces. This Essay analyzes First Amendment jurisprudence emphasizing the ten years after Sorrell vs. IMS Health was decided in 2011. In this Essay, Hans ...
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(Cardozo Arts & Entertainment Law Journal, 2021)In the world of music-copyright litigation, “feel” has lately become a controversial word. Musical feel, some have argued, is becoming too propertized. When a jury in 2015 found the writers of the hit song “Blurred Lines” ...
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(California Law Review, 2021)Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...